Hamidur Rahaman v. State Of West Bengal

03.01.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M 8873 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 584 of 2016 dated 21.10.2016 under Sections 427/304/34 of the Indian Penal Code, 1860 and under Sections 3/ 4 of the Explosive Substances Act. And In Re : Hamidur Rahaman @ Hamidur Ali ..... petitioner Ms. Sujata Das .... for the petitioner Mr. Soumik Ganguly ... for the State Liberty granted to the learned advocate appearing for the petitioner to correct the cause title.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was not even aware of the police case. It was only when warrant of arrest was sought to be executed that the petitioner became aware of the police case. The petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statements recorded under Section 161 of the Code of Criminal Procedure (Cr. P. C.) implicating the petitioner. Considering the involvement of the petitioner as appearing in the statement recorded under Section 161 of the Code of Criminal Procedure, in the incident and considering the gravity of the offence, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM 8873 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)